How does the USPTO handle requests for samples of biological materials?
The United States Patent and Trademark Office (USPTO) has specific procedures for handling requests for samples of biological materials. According to MPEP 2410: “The Office will not serve as a go-between for persons seeking samples from a depository.” Instead, the USPTO’s role is to: Provide certification to depositories that a request for a sample is…
Read MoreWhat exception is allowed regarding restrictions on deposited biological material?
The MPEP 2410.01 outlines one exception to the general rule of removing all restrictions on deposited biological material upon patent grant. This exception, as specified in 37 CFR 1.808(b), allows the depositor to contract with the depository to require that samples be furnished only if a request meets one or all of these conditions: The…
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